[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR146.39]

[Page 730-731]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 146_NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
     Subpart D_Investigation, Settlement, and Enforcement Procedures
 
Sec. 146.39  Enforcement procedures.

    (a) HUD may enforce the Act this regulation by:
    (1) Termination of a recipient's financial assistance from HUD under 
the program or activity involved, if the recipient has violated the Act 
or this part. The determination of the recipient's violation may be made 
only after a recipient has had an opportunity for a hearing on the 
record before an Administrative Law Judge. If the financial assistance 
consists of a Community Development Block Grant, the requirements of 
section 109(b) of the Housing and Community Development Act of 1974, 42 
U.S.C. 5309, must also be

[[Page 731]]

satisfied before the termination of financial assistance. Cases settled 
in mediation or before hearing will not involve termination of a 
recipient's Federal financial assistance from HUD.
    (2) Any other means authorized by law, including, but not limited 
to:
    (i) Referral to the Department of Justice for proceedings to enforec 
any rights of the United States or obligations of the recipient created 
by the Act or this part;
    (ii) Use of any requirement of, or referral to, any Federal, State 
or local government agency that will have the effect of correcting a 
violation of the Act or this part.
    (b) Whenever the Secretary determines that a State or unit of 
general local government which is a recipient of Federal financial 
assistance under Title I of the Housing and Community Development Act of 
1974, 42 U.S.C. 5301-5317, has failed to comply with requirements of the 
Age Discrimination Act or this part with respect to a program or 
activity funded in whole or in part with such assistance, he or she 
shall notify the Governor of such State or the chief executive officer 
of such unit of general local government of the noncompliance and shall 
request the Governor or chief executive officer to secure compliance. If 
within a reasonable period of time, not to exceed 60 days, the Governor 
or chief executive officer fails or refuses to secure compliance, the 
Secretary is authorized to take the action specified in (a) of this 
section, exercise the powers and functions provided for in section 
111(a) of the Housing and Community Act of 1974, 42 U.S.C. 5311(a), or 
take such other action as may be provided by law.
    (c) HUD shall limit any termination under Sec. 146.35 to the 
particular recipient and particular program or activity HUD finds to be 
in violation of this part. HUD shall not base any part of a termination 
on a finding with respect to any program or activity of the recipient 
which does not receive Federal financial assistance from HUD.
    (d) HUD shall take no action under paragraph (a) of this section 
until:
    (1) The Secretary has advised the recipient of its failure to comply 
with the Act or this part and has determined that voluntary compliance 
cannot be achieved.
    (2) Thirty days have have elapsed after the Secretary has submitted 
a written report of the circumstances and grounds of the action to the 
committees of the Congress having legislative jurisdiction over the 
Federal program or activity involved. A report shall be filed whenever 
any action is taken under paragraph (a) of this section.
    (e)(1) The Secretary may defer the provision of new Federal 
financial assistance to a recipient when termination proceedings under 
this section are initiated.
    (2) New financial assistance from HUD includes all assistance for 
which HUD requires an application, approval, or submissions under the 
Community Development Block Grant program including renewal or 
continuation of existing activities, or authorization of new activities, 
during the deferral period. New financial assistance from HUD does not 
include increases in funding as a result of changed computation for 
formula awards or assistance approved before the beginning of a hearing 
under this section.
    (3) HUD shall not impose a deferral until the recipient has received 
a notice of an opportunity for a hearing under this section. HUD shall 
not continue a deferral for more than 60 days unless a hearing has begun 
within that time or the time for beginning the hearing has been extended 
by mutual consent of the recipient and the Secretary. HUD shall not 
continue a deferral for more than 30 days after the close of the 
hearing, unless the hearing results in a finding that the recipient has 
violated that Act or this part.